我经常被问到这个问题, “What is the difference between electronic discovery and 数字取证?” There is often confusion between the disciplines of electronic discovery (eDiscovery) and 数字取证, but from a civil litigation perspective, the same rules apply to both. While both provide value in litigation, the differences are distinct. For starters, the pricing model is typically different. eDiscovery is often billed by the volume of data involved, and the 数字取证 pricing model typically revolves around hourly rates. 然而, the most important difference between eDiscovery and 数字取证 is who analyzes the information.

简单的定义, 电子发现是识别的过程, 保存, 收集, 处理, 回顾, and 分析 electronically stored information (ESI) in litigation. The 数字取证 process involves identifying, 保存, 收集, 分析, 以及对数字信息的报道. 如你所见, they are very similar until the crucial difference, the responsible party for 分析 the information. 在电子发现事件中, the role of the expert is to provide the information to legal teams in a reviewable format for the analysis. 然而，当利用数字取证时, the expert will perform the analysis of the information and report the findings to the legal teams. The party performing the analysis of the electronic information, 在我看来, is the primary differentiator between eDiscovery and 数字取证.

Since most of you are fluent in how to properly leverage eDiscovery, I will discuss additional information of interest that is provided by 数字取证:

  • 确定计算机活动的时间表
  • Determining electronic communications outside of conventional email
  • 恢复已删除的信息
  • 分析互联网使用情况
  • 分析社交网络使用情况
  • 安装和执行的应用程序
  • 分析图片和电影
  • Peripheral device usage (USB drives, printers, etc.)

There are matters in which we find that the “hybrid approach” is most successful. 在这些情况下, we work with legal teams to develop the strategy for the case and obtain as much information as possible. We then perform the forensic analysis of the computer activity and provide the electronic documents to legal teams for their review. In both instances, the context of the information is obviously very important. 当与数字法医专家合作时, the more information you provide us surrounding the litigation matter, 我们对你就越有价值. In digital forensic engagements, we typically ask for the complaint and any relevant depositions. Once we have completed our review of the applicable sections, we schedule a meeting with the client to determine the objectives, 讨论策略, 问问题. The goal of digital forensic experts is to meet the objectives outlined with the digital information available. I assure you the time investment made with your expert on the front end will pay dividends as the case progresses.

In any eDiscovery matter, there is the opportunity that the need for 数字取证 will arise. 例如, 您已收到制作的文件, and the volume is a small fraction of what is expected. Your client provides information indicating that electronic information has been destroyed intentionally; you will now likely need 数字取证 to determine if, 当, 以及破坏是如何发生的. 出于这个原因, I always suggest choosing litigation support companies with a strong competency in both disciplines to maintain the momentum in your case. 除了, “interview” the potential experts ensuring a good fit for the case and working with your legal team.

The terms “eDiscovery” and “数字取证” are often used interchangeably, 但是有明显的不同. It is my opinion that the critical difference is the analysis of the information. In an eDiscovery engagement, the legal teams review and analyze the information. 在数字取证中, the expert reviews the digital information and provides the findings in an expert report. Because experts can vary greatly in experience, 功能, 沟通技巧, 仔细选择合适的专家.

最近的诉讼文章

最近有价值的播客

电子证据开示判例法利益联系